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HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - PURCHASE ORDER - 9105732Fort Collins PURCHASE ORDER PO Number Page 9105732 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/04/2012 Vendor: 130469 Ship To: ELECTRIC UTILITIES THE BRENDLE GROUP INC CITY OF FORT COLLINS 212 W MULBERRY ST 700 WOOD ST FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80521 Delivery Date: 11/01/2010 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 C.O. #4 Energy Services Tech 1 LOT EA 8,000.00 Assistance (#41763) Total $8,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt !rem state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-00502. Federal Excise Tax Exemption Certificate of Registry 53-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to Integral Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights ar remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seiler of Goods Rejcacd, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the womntics car obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof crany ofits rights or remedies as to any such goods, regmdless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or sabsccucnt default hereunder, nor shall any mor red on] mndificution or rescission of this purchase order by the Purchaser operate is a waiver of any of the toots Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the mcrchandia. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. Howeve, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependeal upon completion ofall applicable required inspenion procedures. violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or lava er Freight Terms. Shipments must be F.O.N., City of Fort Collins. 700 Woad St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust lams for such overcharges relating to the panicubar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order bill most accompany invoice, Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in ritioa; pans of the cmnary, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments arc made fmm grunter distance. Pcrouls. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to held the City of Pon Collins harmless From and against all liability and loss incurred by them by reason of an asserted or established violation of am, such laws, rcgrlatimrs, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temw and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sdlcr arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents touched halo. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the usual of any delay, the Parchnser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howcvet the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligenee. such act of God, acts ofeivil or military authorities, governmental priorities, li c& strikes. Bond, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Parchnser within five (5) days ofthe time when the Scllcr first received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted stin tirds for work of a similar, nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good. without cost to the purchaser. any defects or faults arising within one (1) year or within such longer perind of time as may be prescribed by lass or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as other ise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warm, mice or guanntecs, but such liability shall in ran event include low nfpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written chingc order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears, other than legal terms. including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or onion change order. If any such change affects the amount due or the time ofperfomancc hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change enter, terminate this agreement as to any or all portions of the goods then not shipped, ,object to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prints on the uncompleted portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustmentbc made in favor of the Seller with respect to tiny grads which are the Sellers standard stock. No such lamination shall reficve the Purchaser car the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within furry (30) days From the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seiler wmmnts that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject The seller shall execute and deliver such documents as may be required to effect or evidence contplianee All laws and regulations required to be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser hnmiless from all costs and damages suffered by the Parchnser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other pain. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all cquipmcnt, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, rescrvation, security interest encumbrances and claims of others, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seter. and the Seller Ihcrcaficr indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shill pay ill costs associrud with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims array ..,rare resulting fmm the performance of such work This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such party. The Seller's eontmcneil obligations, including warranty, .shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfumed by the Parchnser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmeess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save humorless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such stir held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using said cquipmcnt or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or mste, for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions orients used or the interpretation ofthe agreement rand the rights ofall parties hereunder shill be construed undo and governed by the laws ofthe Stare of Colemdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the senices of Scllem Represenlative(s), on the premises ofeducts. 17. SELLERS RESPONSIBILITY, The Scllcr shalt carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any necidenl, destruction or injury to the work and/car materials before Seller's fail completion .and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive unload, .store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is In be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insumncc with horlily injury and death limits of in (cast SMO.flrui for any one person, 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before try of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fairish the Purchaser with a ce tifrcale that such compensation .and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aner the entire work is completed and accepted. 19. PROTECT'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature .whatsoever to persons or property caused by or rcsntting form the execution ofthe work provided for in this purchase nnlerror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices. agents and employees form and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to pnsans or property to which the Purchaser may be put or subject by reason of any act action. neglect omission or default on the pan of the Seiler. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmecudings shall be bought against the Purchaser, or its oRecm, agents or employees at any time on account or by reason of env act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the come at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. .agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon or obtained against the property ofthe Purchaser. or said panics in or as a result of such suits or other proceedings. the Seller will at once eatuc the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards amessary for the prevention of accidents, comply with roll Imes and regulations with regard to safety including. but without limitation, the Occupational Sifery and Health Act of 1970 and all industrial regulations issued pursuant thereto. Revised 03/2010